THE LEGAL METROLOGY ACT, 2009 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Provisions of this Act to override provisions of any other law. 

CHAPTER II 

STANDARD WEIGHTS AND MEASURES 

4.  Units of weights and measures to be based on metric system. 
5.  Base unit of weights and measures. 
6.  Base unit of numeration. 
7.  Standard units of weights and measures. 
8.  Standard weight, measures or numeral. 
9.  Reference, secondary and working standard. 
10.  Use of weight or measure for particular purposes. 
11.  Prohibition  of  quotation,  etc.,  otherwise  than  in  terms  of  standard  units  of  weight,  measure  or 

numeration. 

12.  Any custom, usage, etc., contrary to standard weight, measure or numeration to be void. 

APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY OFFICERS 

CHAPTER III 

13.  Appointment of Director, legal metrology officers and other employees. 
14.  Appointment of Controller, legal metrology officers and other employees. 
15.  Power of inspection, seizure, etc. 
16.  Forfeiture. 
17.  Manufacturers, etc., to maintain records and registers. 
18.  Declarations on prepackaged commodities. 
19.  Registration for importer of weight or measure. 
20.  Non-standard weights and measures not to be imported. 
21.  Training in Legal Metrology. 
22.  Approval of model. 
23.  Prohibition on manufacture, repair or sale of weight or measure without licence. 

CHAPTER IV 

 VERIFICATION AND STAMPING OF WEIGHT OR MEASURE 

24.  Verification and stamping of weight or measure. 

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SECTIONS 

CHAPTER V 

OFFENCES AND PENALTIES 

25.  Penalty for use of non-standard weight or measure. 
26.  Penalty for alteration of weight and measure. 
27.  Penalty for manufacture or sale of non-standard weight or measure. 
28.  Penalty for making any transaction, deal or contract in contravention of the prescribed standards. 
29.  Penalty for quoting or publishing, etc., of non-standard units. 
30.  Penalty for transactions in contravention of standard weight or measure. 
31.  Penalty for non-production of documents, etc. 
32.  Penalty for failure to get model approved. 
33.  Penalty for use of unverified weight or measure. 
34.  Penalty for sale or delivery of commodities. etc., by non-standard weight or measure. 
35.  Penalty for rendering services by non-standard weight, measure or number. 
36.  Penalty for selling, etc., of non-standard packages. 
37.  Penalty for contravention by Government approved Test Centre. 
38.  Penalty for non-registration by importer of weight or measure. 
39.  Penalty for import of non-standard weight or measure. 
40.  Penalty for obstructing Director, Controller or legal metrology officer. 
41.  Penalty for giving false information or false return. 
42.  Vexatious search. 
43.  Penalty for verification in contravention of Act and rules. 
44.  Penalty for counterfeiting of seals, etc. 
45.  Penalty for manufacture of weight and measure without licence. 
46.  Penalty for repair, sale, etc., of weight and measure without licence. 
47.  Penalty for tampering with licence. 
48.  Compounding of offences. 
49.  Offences  by  companies  and  power  of  court  to  publish  name,  place  of  business,  etc.,  for 

companies convicted. 

50.  Appeals. 
51.  Provisions of Indian Penal Code and Code of Criminal Procedure not to apply. 
52.  Power of the Central Government to make rules. 
53.  Power of State Government to make rules. 
54.  Delegation of Powers. 
55.  Act not to apply in certain cases. 
56.  Existing  Director,  Controller  and  legal  metrology  officer  not  to  be  affected  by  the  new 

qualification to be prescribed. 

57.  Repeal  of  the  Standards  of  Weights  and  Measures  Act,  1976  and  Standards  of  Weights  and 

Measures (Enforcement) Act, 1985. 

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THE LEGAL METROLOGY ACT, 2009 

ACT NO. 1 OF 2010 

An Act to establish and enforce standards of weights and measures, regulate trade and commerce 
in  weights,  measures  and  other  goods  which  are  sold  or  distributed  by  weight,  measure  or 
number and for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:— 

[13th January, 2010.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Legal Metrology Act, 

2009. 

(2) It extends to the whole of India. 

(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Controller” means the Controller of Legal Metrology appointed under section 14; 

(b)  “dealer”,  in  relation  to  any  weight  or  measure,  means  a  person  who,  carries  on,  directly  or 
otherwise,  the  business  of  buying,  selling,  supplying  or  distributing  any  such  weight  or  measure, 
whether  for  cash  or  for  deferred  payment  or  for  commission,  remuneration  or  other  valuable 
consideration,  and  includes  a  commission  agent,  an  importer,  a  manufacturer,  who  sells,  supplies, 
distributes or otherwise delivers any weight or measure manufactured by him to any person other than 
a dealer; 

(c) “Director” means the Director of Legal Metrology appointed under section 13; 

(d) “export” with its grammatical variations and cognate expressions, means taking out of India to 

a place outside India; 

(e) “import” with its grammatical variations and cognate expressions, means bringing into India 

from a place outside India; 

(f) “label” means any written, marked, stamped, printed or graphic matter affixed to, or appearing 

upon any pre-packaged commodity; 

(g)  “Legal  Metrology”  means  that  part  of  metrology  which  treats  units  of  weighment  and 
measurement, methods of weighment and measurement and weighing and measuring instruments, in 
relation to the mandatory technical and legal requirements which have the object of ensuring public 
guarantee from the point of view of security and accuracy of the weighments and measurements; 

(h)  “legal  metrology  officer”  means  Additional  Director,  Additional  Controller,  Joint  Director, 
Joint  Controller,  Deputy  Director,  Deputy  Controller,  Assistant  Director,  Assistant  Controller  and 
Inspector appointed under sections 13 and 14; 

(i) “manufacturer” in relation to any weight or measure, means a person who— 

(i) manufactures weight or measure, 

(ii) manufactures one or more parts, and acquires other parts, of such weight or measure and, 
after assembling those parts, claims the end product to be a weight or measure manufactured by 
himself or itself, as the case may be, 

1. 1st April, 2011, vide notification No. S.O. 210(E), dated 31st January, 2011, see Gazette of India, Extraordinary, Part 

II, Sec. 3(ii). 

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(iii)  does  not  manufacture  any  part  of  such  weight  or  measure  but  assembles  parts  thereof 
manufactured by others and claims the end product to be a weight or measure manufactured by 
himself or itself, as the case may be, 

(iv)  puts,  or  causes  to  be  put,  his  own  mark  on  any  complete  weight  or  measure  made  or 
manufactured by any other person and claims such product to be a weight or measure made or 
manufactured by himself or itself, as the case may be; 

(j) “notification” means a notification published in the Official Gazette; 

(k)  “protection”  means  the  utilisation  of  reading  obtained  from  any  weight  or  measure,  for  the 
purpose  of  determining  any  step  which  is  required  to  be  taken  to  safeguard  the  well-being  of  any 
human  being  or  animal,  or  to  protect  any  commodity,  vegetation  or  thing,  whether  individually  or 
collectively; 

(l) “pre-packaged commodity” means a commodity which without the purchaser being present is 
placed in a package of whatever nature, whether sealed or not, so that the product contained therein 
has a pre-determined quantity; 

(m) “person” includes,— 

(i) a Hindu undivided family, 

(ii) every department or office, 

(iii) every organisation established or constituted by Government, 

(iv) every local authority within the territory of India, 

(v) a company, firm and association of individuals, 

(vi) trust constituted under an Act, 

(vii) every co-operative society, constituted under an Act, 

(viii) every other society registered under the Societies Registration Act, 1860 (21 of 1860); 

(n) “premises” includes— 

(i) a place where any business, industry, production or transaction is carried on by a person, 
whether  by  himself  or  through  an  agent,  by  whatever  name  called,  including  the  person  who 
carries on the business in such premises, 

(ii)  a  warehouse,  godown  or  other  place  where  any  weight  or  measure  or  other  goods  are 

stored or exhibited, 

(iii)  a  place  where  any  books  of  account  or  other  documents  pertaining  to  any  trade  or 

transaction are kept, 

(iv) a dwelling house, if any part thereof is used for the purpose of carrying on any business, 

industry, production or trade, 

(v) a vehicle or vessel or any other mobile device, with the help of which any transaction or 

business is carried on; 

(o) “prescribed” means prescribed by rules made under this Act; 

(p) “repairer'' means a person who repairs a weight or measure and includes a person who adjusts, 
cleans,  lubricates  or  paints  any  weight  or  measure  or  renders  any  other  service  to  such  weight  or 
measure to ensure that such weight or measure conforms to the standards established by or under this 
Act; 

(q) “State Government”, in relation to a Union territory, means the Administrator thereof; 

(r) “sale”, with its grammatical variations and cognate expressions, means transfer of property in 
any weight, measure or other goods by one person to another for cash or for deferred payment or for 
any other valuable consideration and includes a transfer of any weight, measure or other goods on the 

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hire-purchase system or any other system of payment by instalments, but does not include a mortgage 
or hypothecation of, or a charge or pledge on, such weight, measure or other goods; 

(s) “seal” means a device or process  by which a stamp is made, and includes any wire or other 

accessory which is used for ensuring the integrity of any stamp; 

(t)  “stamp”  means  a  mark,  made  by  impressing,  casting,  engraving,  etching,  branding,  affixing 

pre-stressed paper seal or any other process in relation to, any weight or measure with a view to— 

(i) certifying that such weight or measure conforms to the standard specified by or under this 

Act, or 

(ii) indicating that any mark which was previously made thereon certifying that such weight 

or measure conforms to the standards specified by or under this Act, has been obliterated; 

(u) “transaction” means,— 

(i) any contract, whether for sale, purchase, exchange or any other purpose, or 

(ii) any assessment of royalty, toll, duty or other dues, or 

(iii) the assessment of any work done, wages due or services rendered; 

(v) “verification”, with its grammatical variations and cognate expressions, includes, in relation to 
any  weight  or  measure,  the  process  of  comparing,  checking,  testing  or  adjusting  such  weight  or 
measure with a view to ensuring that such weight or measure conforms to the standards established 
by or under this Act and also includes re-verification and calibration; 

(w) “weight or measure” means a weight or measure specified by or under this Act and includes a 

weighing or measuring instrument. 

3. Provisions of this Act to override provisions of any other law.—The provisions of this Act shall 
have  effect  notwithstanding  anything  inconsistent  therewith  contained  in  any  enactment  other  than  this 
Act or in any instrument having effect by virtue of any enactment other than this Act. 

CHAPTER II 

STANDARD WEIGHTS AND MEASURES 

4. Units of weights and measures to be based on metric system.—Every unit of weight or measure 

shall be in accordance with the metric system based on the international system of units. 

5. Base unit of weights and measures.—(1) The base unit of— 

(i) length shall be the metre; 

(ii) mass shall be the kilogram; 

(iii) time shall be the second; 

(iv) electric current shall be the ampere; 

(v) thermodynamic temperature shall be the kelvin; 

(vi) luminous intensity shall be the candela; and 

(vii) amount of substance shall be the mole. 

(2)  The  specifications  of  the  base  units  mentioned  in  sub-section  (1),  derived  units  and  other  units 

shall be such as may be prescribed. 

6. Base unit of numeration.—(1) The base unit of numeration shall be the unit of the international 

form of Indian numerals. 

(2) Every numeration shall be made in accordance with the decimal system. 

(3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be 

written in such manner as may be prescribed. 

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7. Standard units of weights and measures.—(1) The base units of weights and measures specified 

in section 5 shall be the standard units of weights and measures. 

(2) The base unit of numeration specified in section 6 shall be the standard unit of numeration. 

(3) For the purpose of deriving the value of base, derived and other units mentioned in section 5, the 
Central Government shall prepare or cause to be prepared objects or equipments in such manner as may 
be prescribed. 

(4)  The  physical  characteristics,  configuration,  constructional  details,  materials,  equipments, 
performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be 
prescribed. 

8.  Standard  weight,  measure  or  numeral.—(1)  Any  weight  or  measure  which  conforms  to  the 
standard unit of such weight or measure and also conforms to such of the provisions of section 7 as are 
applicable to it shall be the standard weight or measure. 

(2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral. 

(3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used 

as a standard weight, measure or numeral. 

(4) No weight or measure, shall be manufactured or imported unless it conforms to the standards of 

weight or measure specified under section 8: 

Provided that provisions of this section shall not apply for manufacture done exclusively for export or 

for the purpose of any scientific investigation or research. 

9. Reference, secondary and working standard.—(1) The reference standards, secondary standards 

and working standards of weights and measures shall be such as may be prescribed. 

(2) Every reference standard, secondary standard and working standard shall be verified and stamped 

in such manner and after payment of such fee as may be prescribed. 

(3)  Every  reference  standard,  secondary  standard  and  working  standard  which  is  not  verified  and 

stamped in accordance with the provisions of sub-section (2) shall not be deemed to be a valid standard. 

10.  Use  of  weight  or  measure  for  particular  purposes.—Any  transaction,  dealing  or  contract  in 
respect of any goods, class of goods or undertakings shall be made by such weight, measure or number as 
may be prescribed. 

11. Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure 

or numeration.—(1) No person shall, in relation to any goods, things or service,— 

(a)  quote,  or  make  announcement  of,  whether  by  word  of  mouth  or  otherwise,  any  price  or 

charge, or 

(b) issue or exhibit any price list, invoice, cash memo or other document, or 

(c) prepare or publish any advertisement, poster or other document, or 

(d) indicate the net quantity of a pre-packaged commodity, or 

(e) express in relation to any transaction or protection, any quantity or dimension, otherwise than 

in accordance with the standard unit of weight, measure or numeration. 

(2) The provisions of sub-section (1) shall not be applicable for export of any goods, things or service. 

12. Any custom, usage, etc., contrary to standard weight, measure or numeration to be void.—
Any custom, usage, practice or method of whatever nature which permits a person to demand, receive or 
cause to be demanded or received, any quantity of article, thing or service in excess of or less than, the 
quantity specified by weight, measure or number in the contract or other agreement in relation to the said 
article, thing or service, shall be void. 

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CHAPTER III 

APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY OFFICERS 

13.  Appointment  of  Director,  legal  metrology  officers  and  other  employees.—(1)  The  Central 
Government  may,  by  notification,  appoint  a  Director  of  legal  metrology,  Additional  Director,  Joint 
Director,  Deputy  Director,  Assistant  Director  and  other  employees  for  exercising  the  powers  and 
discharging the duties conferred or imposed on them by or under this Act in relation to inter-State trade 
and commerce. 

(2)  The  qualifications  of  the  Director  and  legal  metrology  officers  appointed  under  sub-section  (1) 

shall be such as may be prescribed. 

(3)  The  Director  and  every  legal  metrology  officer,  appointed  under  sub-section  (1),  shall  exercise 
such powers and discharge such functions in respect of such local limits as the Central Government may, 
by notification, specify. 

(4) Every legal metrology officer appointed under sub-section (1) shall exercise powers and discharge 

duties under the general superintendence, direction and control of the Director. 

(5) The Director, the Controller and every legal metrology officer authorised to perform any duty by 
or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian 
Penal Code (45 of 1860). 

(6)  No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  the  Director,  the  Controller  and 
legal metrology officer authorised to perform any duty by or under this Act in respect of anything which 
is in good faith done or intended to be done under this Act or any rule or order made thereunder. 

(7)  The  Central  Government  may,  with  the  consent  of  the  State  Government  and  subject  to  such 
conditions, limitations and restrictions as it may specify in this behalf, delegate such of the powers of the 
Director  under  this  Act  as  it  may  think  fit  to  the  Controller  of  legal  metrology  in  the  State,  and  such 
Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate 
such of the powers delegated to him as he may think fit to any legal metrology officer and where any such 
delegation  of  powers  is  made  by  such  Controller,  the  person  to  whom  such  powers  are  delegated  shall 
exercise those powers in the same manner and with the same effect as if they had been conferred on him 
directly by this Act and not by way of delegation. 

(8) Where any delegation of powers is made under sub-section (7), the powers so delegated shall be 

exercised under the general superintendence, direction and guidance of the Director. 

14.  Appointment  of  Controller,  legal  metrology  officers  and  other  employees.—(1)  The  State 
Government  may,  by  notification,  appoint  a  Controller  of  legal  metrology,  Additional  Controller,  Joint 
Controller,  Deputy  Controller,  Assistant  Controller,  Inspector  and  other  employees  for  the  State  for 
exercising the powers and discharging the duties conferred or imposed on them by or under this Act in 
relation to intra State trade and commerce. 

(2) The qualifications of the Controller and legal metrology officers appointed under sub-section (1) 

shall be such as may be prescribed. 

(3) The Controller and every legal metrology officer, appointed under sub-section (1), shall exercise 
such powers and discharge such functions in respect of such local limits as the State Government may, by 
notification, specify. 

(4)  Every  legal  metrology  officer  appointed  under  sub-section  (1)  shall  exercise  and  discharge  the 

duties under the general superintendence, direction and control of the Controller. 

15. Power of inspection, seizure, etc.—(1) The Director, Controller or any legal metrology officer 
may, if he has any reason to believe, whether from any information given to him by any person and taken 
down in writing or from personal knowledge or otherwise, that any weight or measure or other goods in 
relation  to which any trade  and  commerce  has taken place or is intended to take place and in respect of  

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which an offence punishable under this Act appears to have been, or is likely to be, committed are either 
kept or concealed in any premises or are in the course of transportation,— 

(a) enter at any reasonable time into any such premises and search for and inspect any weight, 
measure  or  other  goods in  relation  to  which  trade  and  commerce  has taken  place,  or  is intended  to 
take place and any record, register or other document relating thereto; 

(b) seize any weight, measure or other goods and any record, register or other document or article 
which he has reason to believe may furnish evidence indicating that an offence punishable under this 
Act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce. 

(2) The Director, Controller or any legal metrology officer may also require the production of every 
document or other record relating to the weight or measure referred to in sub-section (1) and the person 
having the custody of such weight or measure shall comply with such requisition. 

(3) Where any goods seized under sub-section (1) are subject to speedy or natural decay, the Director, 

Controller or legal metrology officer may dispose of such goods in such manner as may be prescribed. 

(4)  Every  search  or  seizure  made  under  this  section  shall  be  carried  out  in  accordance  with  the 

provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures. 

16. Forfeiture.—(1) Every non-standard or unverified weight or measure, and every package made in 
contravention of section 18, used in the course of, or in relation to, any trade and commerce and seized 
under section 15, shall be liable to be forfeited to the State Government: 

 Provided that such unverified weight or measure shall not be forfeited to the State Government if the 
person from whom such weight or measure was seized gets the same verified and stamped within  such 
time as may be prescribed. 

(2)  Every  weight,  measure  or  other  goods  seized  under  section  15  but  not  forfeited  under               

sub-section (1), shall be disposed of by such authority and in such manner as may be prescribed. 

17. Manufacturers, etc., to maintain records and registers.—(1) Every manufacturer, repairer or 

dealer of weight or measure shall maintain such records and registers as may be prescribed. 

(2)  The  records  and  registers  maintained  under  sub-section  (1)  shall  be  produced  at  the  time  of 

inspection to the persons authorised for the said purpose under sub-section (1) of section 15. 

18.  Declarations  on  pre-packaged  commodities.—(1)  No  person  shall  manufacture,  pack,  sell, 
import,  distribute,  deliver,  offer,  expose  or  possess  for  sale  any  pre-packaged  commodity  unless  such 
package is in such standard quantities or number and bears thereon such declarations and particulars in 
such manner as may be prescribed. 

(2) Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a 
declaration as to the net quantity or number of the commodity contained in the package in such form and 
manner as may be prescribed. 

19.  Registration  for  importer  of  weight  or  measure.—No  person  shall  import  any  weight  or 
measure unless he is registered with the Director in such manner and on payment of such fees, as may be 
prescribed. 

20.  Non-standard  weights  and  measures  not  to  be  imported.—No  weight  or  measure,  whether 
singly or as a part or component of any machine shall be imported unless it conforms to the standards of 
weight or measure established by or under this Act. 

21. Training in Legal Metrology.—(1) For imparting training in Legal Metrology and other allied 
branches  of  knowledge  the  “Indian  Institute  of  Legal  Metrology”  (hereinafter  referred  to  as  the 
“Institute”)  established  under  the  provisions  of  the  Standards  of  Weights  and  Measures  Act,  1976                    
(60 of 1976), shall be deemed to have been established under the corresponding provisions of this Act. 

(2) The management and control of the Institute, the teaching staff and other employees, the courses 
and curricula for training thereat, the qualifications, which a person shall possess in order to be eligible 
for admission thereto shall be such as may be prescribed. 

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22. Approval of model.—Every person, before manufacturing or importing any weight or measure 
shall seek the approval of model of such weight or measure in such manner, on payment of such fee and 
from such authority as may be prescribed: 

Provided that such approval of model may not be required in respect of any cast iron, brass, bullion, 
or carat weight or any beam scale, length measures (not being measuring tapes) which are ordinarily used 
in retail trade for measuring textiles or timber, capacity measures, not exceeding twenty litre in capacity, 
which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors: 

Provided further that the prescribed authority may, if he is satisfied that the model of any weight or 
measure which has been approved in a country outside India conforms to the standards established by or 
under this Act, approve such model without any test or after such test as he may deem fit. 

23.  Prohibition  on  manufacture,  repair  or  sale  of weight  or measure without  licence.—(1)  No 
person  shall  manufacture,  repair  or  sell,  or  offer,  expose  or  possess  for  repair  or  sale,  any  weight  or 
measure unless he holds a licence issued by the Controller under sub-section (2): 

Provided that no licence to repair shall be required by a manufacturer for repair of his own weight or 

measure in a State other than the State of manufacture of the same. 

(2) For the purpose of sub-section (1), the Controller shall issue a licence in such form and manner, 
on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be 
prescribed. 

CHAPTER IV 

 VERIFICATION AND STAMPING OF WEIGHT OR MEASURE 

24.  Verification  and  stamping  of  weight  or  measure.—(1)  Every  person  having  any  weight  or 
measure in his possession, custody or control in circumstances indicating that such weight or measure is 
being,  or  is  intended  or  is  likely  to  be,  used  by  him  in  any  transaction  or  for  protection,  shall,  before 
putting  such  weight  or  measure  into  such  use,  have  such  weight  or  measure  verified  at  such  place  and 
during such hours as the Controller may, by general or special order, specify in this behalf, on payment of 
such fees as may be prescribed. 

(2)  The  Central  Government  may  prescribe  the  kinds  of  weights  and  measures  for  which  the 

verification is to be done through the Government approved Test Centre. 

(3) The Government approved Test Centre shall be notified by the Central Government or the State 
Government, as the case may be, in such manner, on such terms and conditions and on payment of such 
fee as may be prescribed. 

(4) The Government approved Test Centre shall appoint or engage persons having such qualifications 
and  experience  and  collect  such  fee  on  such  terms  and  conditions  for  the  verification  of  weights  and 
measures specified under sub-section (2) as may be prescribed. 

CHAPTER V 

OFFENCES AND PENALTIES 

25.  Penalty  for  use  of  non-standard  weight  or  measure.—Whoever  uses  or  keeps  for  use  any 
weight or measure or  makes use of any numeration otherwise than in accordance with the standards of 
weight or measure or the standard of numeration, as the case may be, specified by or under this Act, shall 
be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent 
offence, with imprisonment for a term which may extend to six months and also with fine. 

26. Penalty for alteration of weight and measure.—Whoever tampers with, or alters in any way, 
any  reference  standard,  secondary  standard  or  working  standard  or  increases  or  decreases  or  alters  any 
weight or measure with a view to deceiving any person or knowing or having reason to believe that any 
person  is  likely  to  be  deceived  thereby,  except  where  such  alteration  is  made  for  the  correction  of  any 
error  noticed  therein  on  verification,  shall  be  punished  with  fine  which  may  extend  to  fifty  thousand 
rupees and for the second and subsequent offence with imprisonment for a term which shall not be less 
than six months but which may extend to one year or with fine or with both. 

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27.  Penalty  for  manufacture  or  sale  of  non-standard  weight  or  measure.—Every  person  who 
manufactures or causes to be manufactured or sells or offers, exposes or possesses for sale, any weight or 
measure which,— 

(a) does not conform to the standards of weight or measure specified by or under this Act; or 

(b) which bears thereon any inscription of weight, measure or number which does not conform to 

the standards of weight, measure or numeration specified by or under this Act,  

except where he is permitted to do so under this Act, shall be punished with a fine which may extend 
to  twenty  thousand  rupees  and  for  the  second  or  subsequent  offence  with  imprisonment  for  a  term 
which may extend to three years or with fine or with both. 

28.  Penalty  for  making  any  transaction,  deal  or  contract  in  contravention  of  the  prescribed 
standards.—Whoever  makes  any  transaction,  deal  or  contract  in  contravention  of  the  standards  of 
weights  and  measures  specified  under  section  10  shall  be  punished  with  fine  which  may  extend  to  ten 
thousand  rupees  and  for  the  second  or  subsequent  offence,  with  imprisonment  for  a  term  which  may 
extend to one year, or with fine, or with both. 

29. Penalty for quoting or publishing, etc., of non-standard units.—Whoever violates section 11 
shall be punished with fine which may extend to ten thousand rupees and, for the second or subsequent 
offence, with imprisonment for a term which may extend to one year, or with fine, or with both. 

30. Penalty for transactions in contravention of standard weight or measure.—Whoever— 

(a) in selling any article or thing by weight, measure or number, delivers or causes to be delivered 
to  the  purchaser  any  quantity  or  number  of  that  article  or  thing  less  than  the  quantity  or  number 
contracted for or paid for; or 

(b)  in  rendering  any  service  by  weight,  measure  or  number,  renders  that  service  less  than  the 

service contracted for or paid for; or 

(c) in buying any article or thing by weight, measure or number, fraudulently receives, or causes 
to  be  received  any  quantity  or  number  of  that  article  or  thing  in  excess  of  the  quantity  or  number 
contracted for or paid for; or 

(d) in obtaining any service by weight, measure or number, obtains that service in excess of the 

service contracted for or paid for, 

shall be punished with fine which may extend to ten thousand rupees, and, for the second or subsequent 
offence, with imprisonment for a term which may extend to one year, or with fine, or with both. 

31. Penalty for non-production of documents, etc.—Whoever, being required by or under this Act 
or the rules made thereunder to submit returns, maintain any record or register, or being required by the 
Director or the Controller or any legal metrology officer to produce before him for inspection any weight 
or  measure  or  any  document,  register  or  other  record  relating  thereto,  omits  or  fails  without  any 
reasonable excuse, so to do, shall be punished with fine which may extend to five thousand rupees and for 
the second or subsequent offence, with imprisonment for a term which may extend to one year and also 
with fine. 

32.  Penalty  for  failure  to  get  model  approved.—Whoever  fails  or  omits  to  submit  model  of  any 
weight or measure for approval, shall be punished with fine which may extend to twenty thousand rupees 
and for the second or subsequent offence, with imprisonment for a term which may extend to one year 
and also with fine. 

33.  Penalty  for  use  of  unverified  weight  or  measure.—Whoever,  sells,  distributes,  delivers  or 
otherwise transfers or uses any unverified weight or measure shall be punished with fine which shall not 
be  less  than  two  thousand  rupees  but  which  may  extend  to  ten  thousand  rupees  and,  for  the  second  or 
subsequent offence, with imprisonment for a term which may extend to one year and also with fine. 

34.  Penalty  for  sale  or  delivery  of  commodities,  etc.,  by  non-standard  weight  or  measure.—
Whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by 
any means other than the standard weight or measure or number, shall be punished with fine which shall 

10 

 
not be less than two thousand rupees but which may extend to five thousand rupees and, for the second or 
subsequent offence, with imprisonment for a term which shall not be less than three months but which 
may extend to one year, or with fine, or with both. 

35.  Penalty  for  rendering  services  by  non-standard  weight,  measure  or  number.—Whoever 
renders  or  causes  to  be  rendered,  any  service  through  means  other  than  the  weight  or  measure  or 
numeration or in terms of any weight, measure or number other than the standard weight or measure, shall 
be  punished  with  fine  which  shall  not  be  less  than  two  thousand  rupees  but  which  may  extend  to  five 
thousand rupees and for the second or subsequent offence, with imprisonment for a term which shall not 
be less than three months but which may extend to one year, or with fine, or with both. 

36.  Penalty  for  selling,  etc.,  of  non-standard  packages.—(1)  Whoever  manufactures,  packs, 
imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes 
to  be  sold,  distributed,  delivered  or  otherwise  transferred,  offered,  exposed  for  sale  any  pre-packaged 
commodity which does not conform to the declarations on the package as provided in this Act, shall be 
punished with fine which may extend to twenty-five thousand rupees, for the second offence, with fine 
which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be 
less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term 
which may extend to one year or with both. 

(2) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, 
any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished with fine 
which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for 
the second and subsequent offence, with fine which may extend to one lakh rupees or with imprisonment 
for a term which may extend to one year or with both. 

37.  Penalty  for  contravention  by  Government  approved  Test  Centre.—(1)  Where  any 
Government  approved  Test  Centre  contravenes  any  of  the  provisions  of  this  Act  or  the  rules  made 
thereunder, or the conditions of the licence, it shall be punished with fine which may extend to one lakh 
rupees. 

(2)  Where  any  owner  or  employee  of  a  Government  Approved  Test  Centre  performing  duties  in 
accordance with the provisions of this Act or the rules made thereunder, wilfully verifies or stamps any 
weight or measure in contravention of the provisions of this Act or the rules made thereunder, he shall, for 
every such contravention, be punishable with imprisonment for a term which may extend to one year or 
with fine which may extend to ten thousand rupees or with both. 

38.  Penalty  for  non-registration  by  importer  of  weight  or  measure.—Whoever  imports  any 
weight or measure without being registered under this Act shall be punished with fine which may extend 
to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term 
which may extend to six months, or with fine, or with both. 

39. Penalty for import of non-standard weight or measure.—Whoever imports any non-standard 
weight  or  measure  shall  be  punished  with  fine,  which  may  extend  to  fifty  thousand  rupees  and  for  the 
second or subsequent offence, with imprisonment for a term which may extend to one year and also with 
fine. 

40. Penalty for obstructing Director, Controller or legal metrology officer.—Whoever obstructs 
the Director, the Controller or any legal metrology officer with intent to prevent or deter the Director or 
the Controller or any legal metrology officer from exercising his powers or discharging his functions, or 
in consequence of anything done or attempted to be done by the Director or the Controller or any legal 
metrology officer in the lawful exercise of his powers or discharge  of his functions as such, or whoever 
obstructs the entry of the Director or the Controller or any legal metrology officer into any premises for 
inspection and verification of any weight or measure or any document or record relating thereto or the net 
contents of any packaged commodity or for any other purpose shall be punished with imprisonment for a 
term which may extend to two years and for the second or subsequent offence, with imprisonment for a 
term which may extend to five years. 

11 

 
41.  Penalty for  giving false  information  or false  return.—(1) Whoever  gives any  information  to 
the Director, the Controller or any legal metrology officer, which he may require or ask for in the course 
of his duty, and which such person either knows or has reason to believe to be false, shall be punished 
with  fine  which  may  extend  to  five  thousand  rupees  and  for  the  second  or  subsequent  offence  with 
imprisonment for a term which may extend to six months and also with fine. 

(2) Whoever, being required by or under this Act so to do, submits a return or maintains any record or 
register  which  is  false  in  material  particulars,  shall  be  punished  with  fine  which  may  extend  to  five 
thousand  rupees  and  for  the  second  or  subsequent  offence,  with  imprisonment  for  a  term  which  may 
extend to one year and also with fine. 

42.  Vexatious  search.—The  Director,  the  Controller  or  any  legal  metrology  officer,  exercising 
powers under this Act or any rule made thereunder, who knows that there are no reasonable grounds for 
so doing, and yet— 

(a) searches, or causes to be searched, any house, conveyance or place; or 

(b) searches any person; or 

(c) seizes any weight, measure or other movable property; 

shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or 
with fine which may extend to ten thousand rupees or with both. 

43. Penalty for verification in contravention of Act and rules.—Where the Controller or any legal 
metrology  officer  exercising  powers  under  this  Act  or  any  rule  made  thereunder,  wilfully  verifies  or 
stamps  any  weight  or  measure,  in  contravention  of  the  provisions  of  this  Act  or  of  any  rule  made 
thereunder, he shall, for every such offence, be punished with imprisonment for a term which may extend 
to one year, or with fine which may extend to ten thousand rupees or with both. 

44. Penalty for counterfeiting of seals, etc.—(1) Whoever— 

(i) counterfeits any seal specified by or under this Act or the rules made thereunder, or 

(ii) sells or otherwise disposes of any counterfeit seal, or 

(iii) possesses any counterfeit seal, or 

(iv)  counterfeits  or  removes  or  tampers  with  any  stamp,  specified  by  or under this  Act  or  rules 

made thereunder, or 

(v) affixes the stamp so removed on, or inserts the same into, any other weight or measure, 

shall be punished with imprisonment for a term which shall not be less than six months but which may 
extend to one year and for the second or subsequent offence, with imprisonment for a term which shall 
not be less than six months but which may extend to five years. 

Explanation.—In this sub-section, “counterfeit” shall have the meaning assigned to it in section 28 of 

the Indian Penal Code (45 of 1860). 

(2) Whoever obtains, by unlawful means, any seal specified by or under this Act or the rules made 
thereunder and uses, or causes to be used, any such seal for making any stamp on any weight or measure 
with a  view to representing  that  the  stamp  made  by  such seal is  authorised  by or  under  this  Act  or  the 
rules made thereunder shall be punished with imprisonment for a term which shall not be less than six 
months but which may extend to one year and for the second or subsequent offence, with imprisonment 
for a term which shall not be less than six months but which may extend to five years. 

(3)  Whoever,  being  in lawful  possession  of  a  seal  specified  by  or  under  this  Act  or the  rules  made 
thereunder,  uses,  or  causes  to  be  used,  such  seal  without  any  lawful  authority  for  such  use,  shall  be 
punished with imprisonment for a term which shall not be less than six months but which may extend to 
one year and for the second or subsequent offence, with imprisonment for a term which shall not be less 
than six months but which may extend to five years. 

12 

 
(4) Whoever sells or offers or exposes for sale or otherwise disposes of any weight or measure which, 
he knows or has reason to believe, bears thereon a counterfeit stamp, shall be punished with imprisonment 
for a term which shall not be less than six months but which may extend to one year and for the second or 
subsequent offence, with imprisonment for a term which shall not be less than six months but which may 
extend to five years. 

45. Penalty for manufacture of weight and measure without licence.—Whoever, being required to 
obtain a licence under this Act or the rules made thereunder, manufactures, without being in possession of 
a valid licence, any weight or measure, shall be punished with fine which may extend to twenty thousand 
rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one 
year, or with fine, or with both. 

46.  Penalty  for  repair,  sale,  etc.,  of  weight  and  measure  without  licence.—Whoever,  being 
required to obtain a licence under this Act or the rules made thereunder repairs or sells or offers, exposes 
or possesses for repair or sale, any weight or measure, without being in possession of a valid licence, shall 
be  punished  with  fine  which  may  extend  to  five  thousand  rupees  and  for  the  second  or  subsequent 
offence, with imprisonment for a term which may extend to one year, or with fine, or with both. 

47.  Penalty  for  tampering  with  licence.—Whoever  alters  or  otherwise  tampers,  with  any  licence 
issued  or  renewed  under  this  Act  or  rules  made  thereunder,  otherwise  than  in  accordance  with  any 
authorisation  made  by  the  Controller  in  this  behalf,  shall  be  punished  with  fine  which  may  extend  to 
twenty thousand rupees, or with imprisonment for a term which may extend to one year or with both. 

48.  Compounding  of  offences.—(1)  Any  offence  punishable  under  section  25,  sections  27  to  39, 
sections  45  to  47,  or  any  rule  made  under  sub-section  (3)  of  section  52  may,  either  before  or  after  the 
institution of the prosecution, be compounded, on payment for credit to the Government of such sum as 
may be prescribed. 

(2) The Director or legal metrology officer as may be specially authorised by him in this behalf, may 
compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3) 
of section 52. 

(3) The  Controller  or  legal  metrology  officer  specially  authorised by  him,  may  compound  offences 
punishable under section 25, sections 27 to 31, sections 33 to 37, sections 45 to 47, and any rule made 
under sub-section (3) of section 52: 

Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be 

imposed under this Act for the offence so compounded. 

(4) Nothing in sub-section (1) shall apply to person who commits the same or similar offence, within 

a period of three years from the date on which the first offence, committed by him, was compounded. 

Explanation.—For  the  purposes  of  this  sub-section,  any  second  or  subsequent  offence  committed 
after  the  expiry  of  a  period  of  three  years  from  the  date  on  which  the  offence  was  previously 
compounded, shall be deemed to be a first offence. 

(5)  Where  an  offence  has  been  compounded  under  sub-section  (1),  no  proceeding  or  further 
proceeding,  as  the  case  may  be,  shall  be  taken  against  the  offender  in  respect  of  the  offence  so 
compounded. 

(6) No offence under this Act shall be compounded except as provided by this section. 

49.  Offences  by  companies  and  power  of  court  to  publish  name,  place  of  business,  etc.,  for 

companies convicted.—(1) Where an offence under this Act has been committed by a company,— 

(a) (i) the person, if any, who has been nominated under sub-section (2) to be in charge of, and 
responsible to, the company for the conduct of the business of the company (hereinafter in this section 
referred to as a person responsible); or 

(ii)  where  no  person  has  been  nominated,  every  person  who  at  the  time  the  offence  was 
committed was in charge of, and was responsible to, the company for the conduct of the business of 
the company; and 

13 

 
(b) the company, 

shall  be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act if he proves that the offence was committed without his knowledge and 
that he exercised all due diligence to prevent the commission of such offence. 

(2) Any company may, by order in writing, authorise any of its directors to exercise all such powers 
and take all such steps as may be necessary or expedient to prevent the commission by the company of 
any offence under this Act and may give notice to the Director or the concerned Controller or any legal 
metrology officer authorised in this behalf by such Controller (hereinafter in this section referred to as the 
authorised  officer)  in  such  form  and  in  such  manner  as  may  be  prescribed,  that  it  has  nominated  such 
director as the person responsible, along with the written consent of such director for being so nominated. 

Explanation.—Where  a  company  has  different  establishments  or  branches  or  different  units  in  any 
establishment or branch, different persons may be nominated under this sub-section in relation to different 
establishments or branches or units and the person nominated in relation to any establishment, branch or 
unit shall be deemed to be the person responsible in respect of such establishment, branch or unit. 

(3) The person nominated under sub-section (2) shall, until— 

(i) further notice cancelling such nomination is received from the company by the Director or the 

concerned Controller or the authorised officer; or 

(ii) he ceases to be a director of the company; or 

(iii)  he  makes  a  request  in  writing  to  the  Director  or  the  concerned  Controller  or  the  legal 
metrology officer under intimation to the company, to cancel the nomination, which request shall be 
complied with by the Director or the concerned Controller or the legal metrology officer, 

whichever is the earliest, continue to be the person responsible: 

Provided that where such person ceases to be a director of the company, he shall intimate the fact of 

such cessation to the Director or the concerned Controller or the authorised officer: 

Provided  further  that  where  such  person  makes  a  request  under  clause  (iii)  the  Director  or  the 
concerned Controller or the authorised officer shall not cancel such nomination with effect from a date 
earlier than the date on which the request is made. 

(4)  Notwithstanding  anything  contained  in  the  foregoing  sub-sections,  where  an  offence  under  this 
Act  has  been  committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the 
consent or connivance of, or is attributable to the neglect on the part of, any director, manager, secretary 
or other officer, not being a person nominated under sub-section (2), such director, manager, secretary or 
other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against 
and punished accordingly. 

(5) Where any company is convicted under this Act for contravention of any of the provisions thereof, 
it shall be competent for the court convicting the company to cause the name and place of business of the 
company,  nature  of  the  contravention,  the  fact  that  the  company  has  been  so  convicted  and  such  other 
particulars as the court may consider to be appropriate in the circumstances of the case, to be published at 
the expense of the company in such newspaper or in such other manner as the court may direct. 

(6)  No  publication  under  sub-section  (5)  shall  be  made  until  the  period  for  preferring  an  appeal 
against the orders of the court has expired without any appeal having been preferred, or such an appeal, 
having been preferred, has been disposed of. 

(7) The expenses of any publication under sub-section (5) shall be recoverable from the company as if 

it were a fine imposed by the court. 

14 

 
 
 
Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm but excludes nominated directors, 

honorary directors, Government nominated directors. 

50. Appeals.—(1) Subject to the provisions of sub-section (2), an appeal shall lie,— 

(a) from every decision or order under sections 15 to 20, section 22, section 25, sections 27 to 39, 
section  41  or  any  rule  made  under  sub-section  (3)  of  section  52  by  the  legal  metrology  officer 
appointed under section 13, to the Director; 

(b) from every decision or order made by the Director of Legal Metrology under sections 15 to 
20,  section  22,  section  25,  sections  27  to  39,  section  41  or  any  rule  made  under  sub-section  (3)  of 
section  52,  to  the  Central  Government  or  any  officer  specially  authorised  in  this  behalf  by  that 
Government; 

(c)  from  every  decision  given  by  the  Controller of  Legal  Metrology  under  delegated  powers  of 

Director Legal Metrology to the Central Government; 

(d) from every decision given or order made under sections 15 to 18, sections 23 to 25, sections 
27  to  37,  sections  45  to  47  or  any  rule  made  under  sub-section  (3)  of  section  53  by  any  legal 
metrology officer appointed under section 14, to the Controller; and 

(e) from every decision given or order made by the Controller under sections 15 to 18, sections 23 
to 25, sections 27 to 37, sections 45 to 47 or any rule made under sub-section (3) of section 53 not 
being  an  order  made  in  appeal  under  clause  (d),  to  the  State  Government  or  any  officer  specially 
authorised in this behalf by that Government. 

(2) Every such appeal shall be preferred within sixty days from the date on which the impugned order 

was made: 

Provided  that  the  appellate  authority  may,  if  it  is  satisfied  that  the  appellant  was  prevented  by 
sufficient  cause  from  preferring  the  appeal  within  the  said  period  of sixty  days, permit the appellant  to 
prefer the appeal within a further period of sixty days. 

(3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal, a 
reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, 
as it may think fit, confirming, modifying or reversing the decision or order appealed against or may send 
back the case with such direction as it may think fit for a fresh decision or order after taking additional 
evidence, if necessary. 

(4) Every appeal shall be preferred on payment of such fees, as may be prescribed. 

(5) The Central Government or the State Government, as the case may be, may on its own motion or 
otherwise, call for and examine the record of any proceeding including a proceeding in appeal in which 
any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or 
propriety of such decision or order and may pass such orders thereon as it may think fit: 

Provided that no decision or order shall be varied under this sub-section so as to prejudicially affect 
any  person  unless  such  person  has  been  given  a  reasonable  opportunity  of  showing  cause  against  the 
proposed action. 

51.  Provisions  of  Indian  Penal  Code  and  Code  of  Criminal  Procedure  not  to  apply.—The 
provisions  of  the  Indian  Penal  Code  (45  of  1860)  and  section  153  of  the  Code  of  Criminal  Procedure, 
1973 (2 of 1974) in so far as such provisions relate to offences with regard to weight or measure, shall not 
apply to any offence which is punishable under this Act. 

52.  Power  of  the  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification, make rules for carrying out the provisions of this Act. 

15 

 
(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the specification of the base units of measures and base unit of mass under sub-section (2) of 

section 5; 

(b) the manner of preparation of objects and equipments under sub-section (3) of section 7; 

(c)  physical  characteristics,  configuration,  constructional  details,  materials,  equipment, 

performance, 
sub-section (4) of section 7; 

tolerances,  period  of  re-verification,  methods  or  procedures  of 

tests  under                        

(d)  reference  standards,  secondary  standards  and  working  standards  of  weights  and  measures 

under sub-section (1) of section 9; 

(e) reference standards, secondary standards and working standards shall be verified and stamped 

and the fee under sub-section (2) of section 9; 

(f) the weight or measure or number in which any transaction, dealing, or contract in respect of 

any goods, class of goods or undertakings shall be made under section 10; 

(g)  the  qualifications  of  the  Director  and  legal  metrology  officers  under  sub-section  (2)  of             

section 13; 

(h)  the  qualification  of  the  Controller  and  legal  metrology  officers  under  sub-section  (2)  of 

section 14; 

(i) the manner of disposal of goods under sub-section (3) of section 15; 

(j)  the  standard  quantities  or  number  and  the  manner  in  which  the  packages  shall  bear  the 

declarations and the particulars under sub-section (1) of section 18; 

(k) the manner and registration and the fee under section 19; 

(l)  the  management  and  control  of  the  Institute,  the  teaching  staff  and  other  employees,  the 
courses and curricula for training thereat, the qualifications, which a person shall possess in order to 
be eligible for admission thereto under sub-section (2) of section 21; 

(m) the manner, fee and authority for approval of models under section 22; 

(n) the kinds of weights or measures under sub-section (2) of section 24; 

(o) the manner in which, terms and conditions on which and fee on payment which the Central 

Government shall notify the Government approved Test Centre under sub-section (3) of section 24; 

(p) the qualifications and experience of persons appointed or engaged and the fee and terms and 

conditions  on  which  Government  approved  Test  Centre  shall  verify  the  weight  or  measure  under              
sub-section (4) of section 24; 

(q) the error in net quantity under sub-section (2) of section 36; 

(r) fee for compounding of offence under sub-section (1) of section 48; 

(s)  form  and  manner  in  which  notice  to  the  Director  or  the  Controller  or  any  other  officer 

authorised by him shall be given under sub-section (2) of section 49. 

(3) In making any rule under this section, the Central Government may provide that a breach thereof 

shall be punishable with fine which may extend to five thousand rupees. 

(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it 
is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 

16 

 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

53. Power of State Government to make rules.—(1) The State Government may, by notification, 

and after consultation with the Central Government, make rules to carry out the provisions of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  time  within  which  the  weight  or  measure  may  be  got  verified  under  proviso  to                           

sub-section (1) of section 16; 

(b)  registers  and  records  to  be  maintained  by  persons  referred  to  under  sub-section  (1)  of                   

section 17; 

(c)  the  form,  manner,  conditions,  period,  area  of  jurisdiction  and  fees  for  issuance  of  licence 

under sub-section (2) of section 23; 

(d)  fee  for  verification  and  stamping  of  any  weight  or  measure  under  sub-section  (1)  of                 

section 24; 

(e)  manner  of  notifying  Government  approved  Test Centre,  terms  and  conditions  and  fee  to  be 

paid under sub-section (3) of section 24; 

(f) fee for compounding of offences under sub-section (1) of section 48. 

(3)  In  making  any  rule under this section, the  State Government  may  provide that  a  breach  thereof 

shall be punishable with fine which may extend to five thousand rupees. 

(4)  The  power  to  make  rules  under  this  section  shall  be  subject  to  the  condition  of  the  rules  being 

made after previous publication in Official Gazette. 

(5) Every rule made under this section shall, as soon as may be after it is made, be laid before each 
House  of  State  Legislature,  where  there  are  two  Houses  and  where  there  is  one  House  of  State 
Legislature, before that House. 

54.  Delegation  of  Powers.—(1)  The  Central  Government  may,  in  consultation  with  the  State 
Government and by notification, direct that any power exercisable by it under this Act or any rule made 
thereunder, not being a power conferred by section 50 relating to appeal or section 52 relating to power to 
make  rules,  in  relation  to  such  matters  and  subject  to  such  conditions  as  may  be  specified,  may  be 
exercised also by such officer subordinate to it as may be specified in the notification. 

(2)  Subject  to  any  general  or  special  direction  or  condition  imposed  by  the  State  Government,  any 
person authorised by the Central Government to exercise any powers may exercise those powers in the 
same manner and to the same extent as if they had been conferred on that person directly by this Act and 
not by way of delegation. 

55.  Act  not  to  apply  in  certain  cases.—The  provisions  of  this  Act,  in  so  far  as  they  relate  to 

verification and stamping of weights and measures, shall not apply to any weight or measure,— 

(a) used in any factory exclusively engaged in the manufacture of any arms, ammunition or both, 

for the use of the Armed Forces of the Union; 

(b) used for scientific investigation or for research; 

(c) manufactured exclusively for export. 

56.  Existing  Director,  Controller  and  legal  metrology  officer  not  to  be  affected  by  the  new 
qualification  to  be  prescribed.—(1)  Every  Director,  Controller  and  legal  metrology  officer  appointed 
immediately before the commencement of the rules made under this  Act, shall be deemed to have been 
appointed  under  sub-section  (1)  of  sections  13  and  14,  notwithstanding  any  rule  prescribing  different 
qualifications. 

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(2)  The  rules  made  by  a  State  Government  under  the  Standards  of  Weights  and  Measures 
(Enforcement) Act, 1985 (54 of 1985) which are in force immediately before the commencement of this 
Act shall remain in force until the State Government, makes rules in that behalf. 

57. Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and 

Measures  (Enforcement)  Act,  1985.—(1)  The  Standards  of  Weights  and  Measures  Act,  1976                               
(60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), is hereby 
repealed. 

(2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897), with 
respect to repeals, any notification, rule or order made under the Standards of Weights and Measures Act, 
1976  (60  of  1976)  and  the  Standards  of  Weights and  Measures (Enforcement) Act,  1985  (54  of  1985), 
shall, if in force, at the commencement of this Act, continue to be in force and have effect as if it was 
made under the corresponding provision of this Act. 

(3)  Notwithstanding  such  repeal,  any  appointment,  notification,  rule,  order,  registration,  licence, 
certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, 
if in force at the commencement of this Act, continue to be in force and have effect as if it were made, 
issued or given under the corresponding provisions of this Act. 

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